Executive Order No. 76




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Executive Order No. 76, February 28, 1999 ] CONSTITUTING THE TAÑON STRAIT COMMISSION WHEREAS, the government promotes the optimum and sustained use of our resources to accelerate socio-economic development, particularly in the countryside; WHEREAS, coastal communities remain to be some of the most depressed areas in the country; WHEREAS, the Tañon Strait is a narrow passage of water bounded by the islands of Cebu in the East and Negros in the West; WHEREAS, the Tañon Strait harbors a rich biodiversity of marine life and has been proclaimed a protected seascape pursuant to Proclamation No. 1234, s. 1998 (Declaring the Tañon Strait as a Protected Seascape); WHEREAS, there is need to address the development concerns of the surrounding coastal communities on matters of poverty alleviation, eco-tourism and sustainable growth; WHEREAS, there is a need to ensure that increasing economic and tourism-related activities shall not threaten marine life, in particular the endangered dolphins and whales that abound in the area; WHEREAS, to enable the government to undertake measures to conserve the natural resources and promote the accelerated socio-economic development of the area, consistent with the concept of sustainable development, there is need to create a body that shall formulate short and long term plans for the Tañon Strait and orchestrate development efforts in the area; NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Philippines, by the powers vested in me by law, do hereby order the following: Section 1. Constitution of the Tañon Strait Commission. There is hereby constituted the Tañon Strait Commission hereinafter referred to as the Commission, which shall serve as the planning, policy and program coordinating body for the accelerated, balanced and sustainable development of the Tañon Strait Basin. Section 2. Coverage. The area to be served by the Commission shall be the body of water known as the Tañon Strait situated between the islands of Cebu and Negros and the land mass surrounding it, hereinafter collectively referred to as the Basin, the technical description of which is stipulated in Proclamation No. 1234, s. 1998 (Declaring the Tañon Strait as a Protected Seascape). Section 3. Composition. The Commission shall have the Director-General of the National Economic and Development Authority (NEDA) as its Chairman, The Executive Director of the Commission as its Vice-Chairman, and the following as members: Representative, Department of Environment and Natural Resources Representative, Department of Agriculture Representative, Department of Public Works and Highways Representative, Department of Transportation and Communications Representative, Department of Trade and Industry Chairman, Regional Development Council VI Chairman, Regional Development Council VII Governor, Negros Oriental Governor, Negros Occidental Governor, Cebu Mayor of a Negros Oriental municipality/city along the Tañon Strait Mayor of a Cebu municipality/city along the Tañon Strait One (1) representative from the private sector One (1) environment-oriented NGO representative The private sector and NGO representatives shall be appointed by the Chairman. The mayors of the municipalities/cities located along the Tañon Strait shall elect, annually, their respective representatives to the Commission. Section 4. Functions and Responsibilities. The Commission shall have the following functions and responsibilities: a. Undertake and regularly update a comprehensive survey and inventory of the physical and natural resources, and maintain an accurate data of the most economic and socially beneficial development projects for the Basin; b. Review all existing policies, programs and projects, researches and studies as well as other initiatives in the Basin and formulate an integrated Master Development Plan (MDP) to ensure the preservation, and the coordinated and sustained development of the Basin; c. Coordinate the implementation of measures to protect the ecological balance, enhance the environment, and preserve the areas natural beauty; d. Adopt a process of maximum consultation with the local government units concerned and all interest groups in the localities to ensure that their needs, concerns and ideas are considered in the formulation and implementation of plans and development of the Basin; e. Oversee the implementation of the MDP and monitor all projects in the Basin; f. Negotiate and enter into management and/or consulting contracts in pursuit of the development of the Basin; g. Accept or receive donations and other conveyances by gratuitous title or funds, materials and services for use in the planning, rationalization and management of the Basin, subject to the usual accounting and auditing rules and regulations; h. Negotiate with local and foreign financing institutions, subject to the concurrence of the Secretary of Finance and the Secretary of Budget and Management, funding, technical and other forms of assistance for government projects in the Basin; i. Extend the necessary planning, management and technical assistance to existing and prospective investors; j. Exercise such other powers as may be assigned by the President.1aшphi1 Section 5. Secretariat Support. The Commission shall be assisted by a full time Secretariat which shall be headed by an Executive Director. The Secretariat shall have such number of personnel as may be necessary for the efficient and effective performance of the Commissions functions. Whenever necessary, the Commission may tap the support and assistance of concerned LGUs and government agencies. The Executive Director shall be appointed by the President upon the recommendation of the Chairman of the Commission. The Executive Director shall be a Filipino citizen with outstanding knowledge and experience in the field of public and development administration, public infrastructure management, or the management of industrial or commercial enterprises, and environmental protection and management. Section 6. Funding. The Department of Budget and Management shall identify funding sources and appropriate funds as may be required in the operation of the Commission. Section 7. Reporting Clause. The Commission shall submit annual reports to the President on its activities and accomplishments. Section 8. Conduct of Meetings. The Commission shall meet regularly to assess the progress of government initiatives in the area, particularly the implementation of the Master Plan. Section 9. Repealing Clause. All executive orders, administrative orders, rules and regulations which are inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly. Section 10. Separability Clause. If any of the provisions of this Order shall be declared unconstitutional, the other provisions of this Order shall remain valid. Section 11. Effectivity. This Executive Order shall take effect immediately. DONE in the City of General Santos, this 28th day of February, in the year of Our Lord, Nineteen Hundred and Ninety-Nine. (Sgd.) JOSEPH EJERCITO ESTRADA President of the Philippines By the President: (Sgd.) RONALDO B. ZAMORA Executive Secretary The Lawphil Project - Arellano Law Foundation